Remain in control of Your Life
If you have not executed a Medical Durable Power of Attorney and a General Durable Power of Attorney and you are deemed legally incapacitated, you will lose control of who makes important medical and financial decisions for you. The Colorado legislature and the Court will make that decision for you. You can remain in control of your life by simply executing durable powers of attorney that state who you want to make decisions on your behalf. It's easy to do and it preserves your right to remain in control. To learn how to protect yourself, contact an attorney at Glatstein & O'Brien LLP.
If you find yourself or a family member subject to a contested or uncontested guardianship or conservatorship proceeding, either Marcie O'Brien or Carl Glatstein can ably represent you in both contested and uncontested guardianship and conservatorship proceedings.
Legal Guardianships
If you do not have a Medical Durable Power of Attorney, the court may appoint a guardian to make decisions over your health, safety, and daily welfare. This third party, usually a family member or an independent third party professional, has the power to make important decisions about your life. The court will define the scope of a guardian at the time of appointment, limiting the power of a guardian to areas where you are unable to make competent decisions.
For families with younger children, it is important to name a guardian to care for your children in the event parents become unable to do so. The court will appoint a guardian to care for your children if you die or become mentally incapacitated without having named a legal guardian beforehand.
Financial Conservatorships
If you have not executed a General Durable Power of Attorney, the Court may appoint a conservator to make decisions about your finances and business affairs when you are no longer able to do so. A conservator may be granted very broad power to make decisions about all of your financial affairs, or may be limited in scope to managing a particular asset. You can determine who will make financial and business decisions for you before you become unable to do so by executing a General Durable Power of Attorney, stating who you wish to serve as your conservator if one is necessary.
People cannot stop the process of growing older, but they can decide who will make decisions for them at a later date. Before forcing the Court to choose a guardian or conservator for you, execute a General Durable Power of Attorney.
To deal with these issues proactively, contact a lawyer at Glatstein & O'Brien LLP for an appointment to learn more. Our firm represents clients throughout the Denver metro area, including people in Boulder, the Front Range, Castle Rock, and Arapahoe County.
